The New York City Tax Fraud Attorneys of Joseph Potashnik and Associates, PLLC are a team of trial-tested criminal defense attorneys highly experienced in in representing clients charged under federal and New York state tax fraud statutes. Our clients are individuals and companies accused of tax fraud in the New York City Metropolitan Area, upstate New York, and New Jersey. We also appeared in federal courts throughout the country.
WHAT ARE FEDERAL TAX FRAUD CRIMES

Most federal tax evasion offenses are:

• Tax evasion under section 7201;
• Failure to file a return under section 7203;
• Filing false or fraudulent returns or documents under sections 7206(1) and 7207;
• Aiding or assisting in the preparation of a false or fraudulent return under section 7206(2);
• corrupt or forcible interference with the administration of the tax laws under section 7212(a)
• Interference with the Administration of the Tax Laws (Section 7212)
• Title 18 offenses such as Conspiracy (18 U.S.C. § 371) and False Statements and Documents (18 U.S.C. § 1001)
• Making false claims and false statements
• Conspiracy
• Mail and wire fraud.

In order to convict for a tax crime, the government must prove that the defendant acted willfully. As criminal tax defense attorneys, we hold the government up to this obligation. A violation is not “willful” unless the government is able to prove that the defendant had a legal duty to comply with the law, that he knew of this duty, and that he voluntarily and intentionally violated that duty.

One of the best defenses against the tax evasion charge is the defense of a “good faith ignorance” of the law or a mistaken belief that the conduct charged did not violate the law.

Reliance of counsel (or accountant) could be another valid defense. Our New York City tax fraud defense attorneys can help you invoke all applicable defenses in attacking the prosecution’s case.

If you are charged with state or federal tax fraud, consult our New York City tax fraud lawyers. Call us for a confidential consultation to review your case and discuss what we can do for you!

NEW YORK STATE TAX CRIMES

In 2009, New York has adapted changes to its Criminal Tax Law increasing criminal liability for numerous acts of tax evasion and tax fraud and aggressively prosecuting offenders. Since April 2009, the Department of Taxation and Finance has been referring thousands of cases of tax evasion to local district attorney offices.

Failure to file taxes is one of the main reasons behind criminal prosecutions. Unlike previous years, even individuals who owe the state relatively small amounts in unpaid taxes, even under $5,000, are now finding themselves in trouble.

Our New York tax fraud defense lawyers have represented numerous clients in tax fraud cases. In many cases we can significantly mitigate your criminal liability, especially if retained early in the case.

In some cases, we were even able to help some clients avoid criminal prosecution altogether. If you believe that you are the subject to criminal tax investigation, call us immediately!